Facts of the case: Mr. Abdida, a Nigerian national diagnosed with AIDS, submitted an application to the Belgian state requesting leave to remain due to medical reasons. Under Belgian law transposing the Qualification Directive the state refused his leave to remain and an order to leave the country was issued. When appealing against this decision, Mr. Abdida was not granted with a remedy having suspensive effect. In addition, during the litigation procedure, Mr. Abdida had his basic social security and medical care withdrawn. Domestic litigation concerning Mr Abdida’s entitlement under EU law to such suspensive remedies and social rights reached the Brussels Employment Court, which referred two questions to the CJEU.
